Receiving a planning Enforcement Notice is stressful and it is important to seek specialist advice. We are planning enforcement specialists with extensive experience dealing with enforcement action in the London Borough of Newham and advising homeowners and developers on how to respond.
Just Planning specialises in planning enforcement matters and enforcement appeals. We advise homeowners, landlords and developers on how to respond to enforcement investigations and notices, and on the options available to regularise development where possible.
Newham is very active when it comes to planning enforcement. It regularly investigates alleged breaches, mostly prompted by neighbour complaints, and will act quickly to serve an Enforcement Notice if it feels it is justified.
The council’s planning enforcement terms targets extensions built without permission, unauthorised flat conversions, changes of use and development that differs from approved plans. It is also focused on outbuildings that have been turned into dwellings and on unlawful HMOs.
In many cases, homeowners and landlords are unaware that they have done anything wrong. Works may have been carried out in good faith, under permitted development, or following earlier approvals that were not implemented exactly as shown on the plans.
We understand how Newham approaches enforcement and how enforcement notices can be challenged, appealed or resolved without unnecessary expense or disruption.
Planning enforcement is different from planning appeals. It involves strict legal procedures, fixed deadlines and potentially serious consequences if mistakes are made.
Newham regularly serves enforcement notices where it considers development to be unlawful. This can include works carried out without planning permission, failure to comply with conditions, or changes of use that the council believes require consent.
If you have received an enforcement notice, it is important not to ignore it. Taking early advice can often prevent matters from escalating and, in many cases, enforcement action can be successfully challenged or resolved.
Newham’s enforcement team takes a firm approach and will often proceed quickly once a breach is identified. Compared to other councils we work with, there is relatively little opportunity for discussion and negotiation. We are familiar with how the council approaches enforcement issues and how they draft their Enforcement Notices.
If you are the subject of an enforcement investigation, we can help you apply for retrospective permission, seek a lawful development certificate or persuade the council that no further action is justified.
If you have been served with an Enforcement Notice, the best option may be to appeal.
We explain all of your options clearly and advise on the risks of each approach.
Enforcement appeals involve specific legal grounds and tight timescales. Our consultants are all chartered town planners, and are experienced in preparing enforcement appeal statements and responding to allegations of unlawful development.
We regularly advise on planning enforcement matters in Newham, including cases involving unauthorised extensions, flat conversions, changes of use and alleged breaches of planning conditions. Our experience allows us to identify when enforcement action is justified and when it can be successfully challenged.
A lot of our work in Newham relates to HMOs (including this example where we obtained a certificate of lawfulness for a long-established HMO). Newham is hostile to HMOs in general – it has an Article 4 direction and strict policies in its London Plan to discourage them.
Do not ignore it. An Enforcement Notice is a formal legal document with strict deadlines. The first step is to take advice as soon as possible so you understand exactly what the council alleges, what steps it is requiring and what options are open to you.
You normally have 28 days from the date the Enforcement Notice is issued to submit an appeal. This deadline is strict. If you miss it, the Notice takes effect and the council can pursue prosecution if it is not complied with.
Yes. Enforcement Notices can be appealed on specific legal grounds, including that planning permission should be granted, that the alleged breach has not occurred, or that the steps required are excessive. Appeals are decided by an independent inspector, not by the council.
Sometimes. In some cases it is appropriate to submit a retrospective planning application alongside, or instead of, an enforcement appeal. However, this is not always the best option and can carry risks. We advise on the correct approach based on the circumstances of each case.
Ignoring an Enforcement Notice is a serious mistake. Once the compliance period expires, failure to comply becomes a criminal offence. This can lead to prosecution, fines and further enforcement action. Early advice can often prevent matters from escalating to this stage.
Yes. The London Borough of Newham takes a proactive approach to planning enforcement and regularly investigates alleged breaches. This includes unauthorised extensions, flat conversions, changes of use and failure to follow approved plans.
It serves more Enforcement Notices that almost all other councils in England, and once issued 300 Enforcement Notices on a single street!
It can. An unresolved enforcement issue can complicate future planning applications or the sale of the property. Resolving enforcement matters properly, either through an appeal or a lawful solution, is important before moving forward.
Costs vary depending on the complexity of the case and the steps required. We usually offer a fixed fee for enforcement appeals and will explain costs clearly once we have reviewed your notice, before any work is started.
Talk to an expert
If you have received a planning Enforcement Notice in Newham, do not delay. Early advice can make a significant difference to the outcome.
Send us a copy of the Notice and we will review it, explain your options clearly and advise on the best way forward.
If you prefer to email, we can be reached at info@just-planning.co.uk.
